Section 42-3502.09 - Rent charged upon termination of exemption and for newly covered rental units(a) Upon the expiration or termination of an exemption claimed pursuant to § 42-3502.05(a)(1), (3), or (5), rent charged for a unit may not exceed the following: (1) For a unit exempted pursuant to § 42-3502.05(a)(1) or (5): (A)(i) If the unit is not vacant when the exemption terminates or expires, the sum of the rent charged on the date the unit became exempt and each subsequent adjustment of general applicability authorized pursuant to § 42-3502.06(b);(ii) If the unit is vacant when the exemption terminates or expires:(I) 110% of the sum authorized under sub-subparagraph (i) of this subparagraph; or(II) The amount of rent charged for a substantially identical rental unit in the same housing accommodation; provided, that the increase shall not exceed 30% of the sum authorized under sub-subparagraph (i) of this subparagraph; or(B) If the rent charged on the date the unit became exempt was either not properly filed with the Rent Administrator or is no longer available at the Division, and the housing provider is not able to provide a stamped copy of the original filing demonstrating the rent charged on the date the unit became exempt, the lowest of: (i) The most recent rent charged on file with the Rent Administrator before the date the unit became exempt, plus each subsequent adjustment of general applicability authorized under § 42-3502.06(b);(ii) The applicable Small Area Fair Market Rent for the Washington-Arlington-Alexandria Metropolitan area based on unit size and zip code, as established by the U.S. Department of Housing and Urban Development pursuant to 24 CFR § 888.113; or(iii) The average rent charged during the last 6 consecutive months of the exemption.(2) For a unit exempted pursuant to § 42-3502.05(a)(3), up to 105% of the average rent charged during the last 6 consecutive months of the exemption.(a-1) An increase in rent charged pursuant to subsection (a) of this section may be effected only in accordance with the procedures specified in §§ 42-3502.08 and 42-3509.04.(b) A structure or building, including the land appurtenant, that is located in the District in which one or more rental units as defined in § 42-3501.03(33) are established after July 17, 1985, shall subsequently be defined as a "housing accommodation" for the purposes of this chapter. If any rental unit in such a housing accommodation is not otherwise exempted by one of the provisions of § 42-3502.05, the rent charged for the initial leasing period or the first year of tenancy, whichever is shorter, shall be determined by the housing provider and is considered to be the equivalent of making the computations specified in § 42-3502.06.July 17, 1985, D.C. Law 6-10, § 209, 32 DCR 3089; Aug. 5, 2006, D.C. Law 16-145, § 2(a), 53 DCR 4889; Mar. 25, 2009, D.C. Law 17-353, § 184(d), 56 DCR 1117; Feb. 22, 2019, D.C. Law 22-202, § 2(b), 65 DCR 12333; Mar. 13, 2019, D.C. Law 22-248, § 2(d), 66 DCR 973.Applicability
Applicability of D.C. Law 22-202: § 7154 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-202. Therefore the amendment of this section by D.C. Law 22-202 has been implemented.
Applicability of D.C. Law 22-202: § 3 of D.C. Law 22-202 provided that the change made to this section by § 2(b) of D.C. Law 22-202 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.